(1.) These revisions, preferred by the revisionists under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), are directed against the judgments and orders dated 20.8.2002 passed by Sessions Judge, Haridwar in Criminal Appeal No. 41/2001, Rameshwar v. State of Uttaranchal and in Criminal Appeal No. 54/2001, Amar Singh @ Jhandu v. State of Uttaranchal, whereby the appeal preferred against the judgment and order dated 10.7.2001 passed by the 1st Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Haridwar was partly allowed and the conviction and sentence awarded to the revisionists under Section 380 of Indian Penal Code, 1860 (for short, IPC) was set aside. However, the conviction of each of the revisionists under Section 411 IPC has been upheld and sentence awarded to each of the revisionists to undergo R.I. for six months was also affirmed.
(2.) Since both these revisions involve common facts and arise out of the same offence, hence they are being decided by this common judgment and order.
(3.) In brief, the prosecution case is that on 4.2.1991 at 12.10 pm, Sadhu Ram lodged an FIR Ex. Ka-1 with PS Ranipur with the averments that in the night of 3/4.2.1991, his tractor Mahindra B275 was stolen from his house. At that time, he along with his family was sleeping inside the house and his father Kabul Singh was sleeping in the courtyard. When his father got up at 3 am for the natural call then he saw that the said tractor was not there. Then his father called him. He made the noise. Then his neighbourers Satyapal Singh, Brijpal Singh, Ashok Kumar etc. came there and tried to search his tractor but it could not be traced. The engine no. of his tractor is 14057 and he had not received the registration number of the said tractor till that time. On the basis of this FIR, chick FIR was prepared and necessary entry was made in the GD. Investigation of this case was entrusted to SI VK Sharma. During the course of investigation, the said tractor was recovered by the police on 8.2.1991 at 10.15 am in the presence of the complainant Sadhu Ram and Ashok from the possession of the revisionist Rameshwar who was arrested on the spot and the revisionist Amar Singh @ Jhandu who was driving the said tractor ran away from the place of recovery along with co-accused Janak. Recovery memo Ex. Ka-2 was prepared on the spot. Thereafter on 13.2.1991, the umbrella of the said tractor was also recovered from the revisionist Amar Singh @ Jhandu and recovery memo Ex. Ka-3 was prepared. The tractor was given in the supardgi of Kubul Singh, father of the complainant and the owner of the said tractor. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan of place from where the theft of the tractor was committed and also the site plan of the place from where the tractor was recovered. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, filed the chargesheet against the revisionists and the co-accused under Section 380 and 411 IPC.